Defence Online

Type of document: Voluntary ex ante transparency notice
Country: United Kingdom
OJEU Ref: (2020/S 232-574096/EN)
Nature of contract: Supply contract
Procedure: Negotiated without a call for competition
Type of bid required: Not applicable

Voluntary ex ante transparency notice
Supplies

Section I: Contracting authority
I.1) Name and addresses
Official name: Ministry of Defence, Babcock Land Defence Ltd
Postal address: Babcock Land Defence Ltd, Building B15, Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
Contact Person: Robert Fisher
Telephone: +44 1952967329
Email: robert.fisher@babcockinternational.com
Internet address(es):
Main address: www.babcockinternational.com
Address of the buyer profile: www.babcockinternational,com

I.4) Type of the contracting authority
Ministry or any other national or federal authority, including their regional or local sub-divisions
I.5) Main activity
Defence

Section II: Object
II.1) Scope of the procurement
II.1.1) Title: IRM19/7471 — The Supply of Cougar Spares from NP Aerospace

Reference number: IRM19/7471
II.1.2) Main CPV code: 34114000
II.1.3) Type of contract Supplies
II.1.4) Short Description:
The authority is considering the placement of a 15 month contract with NP Aerospace for the supply of Cougar spares specifically for those spares sourced directly from NP Aerospace.
II.1.6) Information about lots
The contract is divided into lots: no
II.1.7) Total value of the procurement(excluding VAT)
Value:2100000
Currency:GBP
II.2) Description
II.2.3) Place of performance
Nuts code: UKG21 Main site or place of performance:Telford and Wrekin.

II.2.4) Description of the procurement
The Authority is considering the placement of a 15 month contract with NP Aerospace for the supply of Cougar spares specifically for those spares sourced directly from NP Aerospace.

II.2.5) Award criteria
II.2.11) Information about options
Options: no
II.2.13) Information about European Union funds
The procurement is related to a project and/or programme financed by European Union funds: no
Section IV: Procedure
IV.1) Description
IV.1.1) Type of procedure
Negotiated procedure without publication of a contract notice(in accordance with Article 28 of Directive 2009/81/EU)
IV.1.3) Information about framework agreement
The procurement involves the establishment of a framework agreement
IV.1.8) Information about the Government Procurement Agreement(GPA)
The procurement is covered by the Government Procurement Agreement: no
IV.2) Administrative information

Section V: Award of contract/concession
Contract No: IRM19/7471
V.2) Award of contract/concession
V.2.1) Date of conclusion of the contract/concession award decision:2020-11-23
V.2.2) Information about tenders
V.2.3) Name and address of the contractor
Official name: NP Aerospace
Postal address: 473 Foleshill Road
Town: Coventry
Postal code: CV6 5AQ
Country: United Kingdom
Telephone: +44 2476702808
Email: info@npaerospace.com
Nuts code: UKG33
Internet address: www.npaerospace.com
The contractor is an SME: no

V.2.4) Information on value of the contract/lot/concession(excluding VAT)
for framework agreements – total maximum value for this lot
for contracts based on framework agreements, if required – value of contract(s) for this lot not included in
previous contract award notices

Section VI: Complementary information
VI.3) Additional information:
The authority reserves the right to amend any condition related to security of information to reflect any changes in national law or government policy. If any contract documents are accompanied by instructions on safeguarding classified information (e.g. a Security Aspects Letter), the authority reserves the right to amend the terms of these instructions to reflect any changes in national law or government policy, whether in respect of the applicable protective marking scheme, specific protective markings given, the aspects to which any protective marking applies, or otherwise. The link below to the Gov.uk website provides information on the Government Security Classification.

Advertising Regime OJEU: this contract opportunity is published in the Official Journal of the European Union (OJEU), the MoD Defence Contracts Bulletin and www.contracts.mod.uk GO Reference: GO-20201124-DCB-17414445
VI.4) Procedures for review
VI.4.1) Review body
Official name: Ministry of Defence, Babcock Land Defence Ltd
Postal address: Building B15, Donnington
Town: Telford
Postal code: TF2 8JT
Country: United Kingdom
Telephone: +44 1952967329
E-mail: robert.fisher@babcockinternational.com

VI.4.2) Body responsible for mediation procedures
Official name: Ministry of Defence, Babcock Land Defence Ltd
Town: Telford
Country: United Kingdom
Telephone: +44 1952967329
E-mail: robert.fisher@babcockinternational.com

VI.4.4) Service from which information about the review procedure may be obtained
Official name: Ministry of Defence, Babcock Land Defence Ltd
Town: Telford
Country: United Kingdom
Telephone: +44 1952967329
E-mail: robert.fisher@babcockinternational.com

VI.5) Date of dispatch of this notice:
2020-11-24

Justification for the award of the contract without prior publication of a call for
competition in the Official Journal of the European Union
1.Justification for the choice of the negotiated procedure without publication of a call for competition in accordance with
Article 28 of Directive 2009/81/EU
The works, supplies or services can be provided only by a particular economic operator for the following reason:
absence of competition for technical reasons

3.Explanation
Please explain in a clear and comprehensive manner why the award of the contract without prior publication in the Official Journal of the European Union
is lawful, by stating the relevant facts and, as appropriate, the conclusions of law in accordance with the directive:
The authority intends to award this contract using the negotiated procedure Without Prior Publication pursuant to Article 28(1)(e) of Directive 2009/81/EC (Regulation 16(1)(a)(ii) of the Defence and Security Public Contracts Regulations 2011 (the ‘Regulations’) to NP Aerospace, for fifteen (15) months on the basis that, for technical reasons, the Contract can only be awarded to NP Aerospace. This is because NP Aerospace, in its capacity as Design Authority, exclusively possesses the technical know–how, proprietary information and experience required to produce and manufacture the range of items to the latest build standard. If another contractor were to meet this requirement, the resultant lack of overall safety integrity would lead to NP Aerospace ceasing to underwrite the safety of the vehicles